What are the DUI laws and penalties in Washington?
What happens after a DUI arrest in WashingtonAs of October 20, 2026
- Arrest and chargeChemical test, notice of license action, first court date set.
- 7-day deadlineRequest a DOL hearing and pay $375, or the suspension starts on day 30.
- Court casePlea or trial, then sentencing: fine, program, probation or jail.
- License backSuspension served, interlock if ordered, reinstatement fee paid.
A first DUI in Washington is a crime: a gross misdemeanor with up to 364 days in jail and a fine of up to $5,000. It becomes a class B felony with 3 or more prior offenses within 15 years, or with any earlier conviction for vehicular homicide or vehicular assault while under the influence, or for felony DUI.
What are the penalties for a first-offense DUI in Washington?
A first DUI in Washington is a gross misdemeanor: mandatory jail (at least 24 hours), a $350 to $5,000 fine, a 90-day suspension and at least 1 year of ignition interlock. At 0.15 or after a refusal: 48 hours, $500 and a 1-year revocation.
| Penalty | First offense | Second offense (within 7 years) |
|---|---|---|
| Offense level | Gross misdemeanor | Gross misdemeanor |
| Jail | 24 hours to 364 days; 48 hours at 0.15 or refusal | 30 to 364 days, plus 60 days home monitoring (45/90 at 0.15) |
| Fine | $350 to $5,000; $500 minimum at 0.15 or refusal | $500 to $5,000; $750 minimum at 0.15 or refusal |
| License | Suspended 90 days; revoked 1 year at 0.15, 2 years refusal | Revoked 2 years; 900 days at 0.15, 3 years refusal |
| Ignition interlock | Required on all vehicles, at least 1 year | Required, at least 5 years |
| Also | Assessment and treatment, $250 DUI fee, possible victim impact panel | Expanded assessment and treatment if indicated |
Washington sentences a first offense in two tiers. Under 0.15 the fine runs $350 to $5,000, and $350 of it cannot be suspended unless you are indigent; at 0.15 or higher, or after a test refusal, the range is $500 to $5,000 with $500 non-suspendable. On top come a mandatory $250 DUI fee (RCW 46.61.5054) and court costs.
Every conviction also brings a substance use disorder assessment with alcohol/drug information school or treatment, and the court must order an ignition interlock on every vehicle you drive: DOL sets the first restriction at a minimum of 1 year, and the device only comes off after 180 consecutive days without violations. The court may add a victim impact panel. Your car is impounded at the arrest and cannot be released to you for 12 hours.
Washington also offers a one-time deferred prosecution with a 2-year treatment program (RCW 10.05) as a way to avoid a conviction.
Source: RCW 46.61.5055(1), (5)(a), (9)(a); RCW 46.61.5054; RCW 46.20.720(3)(c)(i) — By imprisonment for not less than 24 consecutive hours nor more than 364 days ... By a fine of not less than $350 nor more than $5,000. $350 of the fine may not be suspended unless the court finds the offender to be indigent
Do you go to jail for a first DUI in Washington?
Yes. A first DUI in Washington carries at least 24 consecutive hours in jail if your BAC was under 0.15, and at least 48 hours at 0.15 or higher or after a refusal, with a maximum of 364 days.
The court can swap the jail minimum for an alternative: under 0.15, at least 15 days of electronic home monitoring or a 90-day 24/7 sobriety program; at 0.15 or higher or after a refusal, at least 30 days of home monitoring or a 120-day 24/7 program (RCW 46.61.5055). Which one you get is the judge's call, not yours.
Source: RCW 46.61.5055(1), (5)(a), (9)(a); RCW 46.61.5054; RCW 46.20.720(3)(c)(i)
How long is your license suspended for a DUI in Washington?
Two separate actions. After a failed test, DOL suspends your license for 90 days. After conviction, the court-triggered action is a 90-day suspension under 0.15 or a 1-year revocation at 0.15 or higher, with day-for-day credit for the first suspension.
The DOL suspension for a failed test (0.08 or more, or 5.00 ng of THC) is 90 days when you have no prior administrative action within 7 years; you can avoid it by completing or enrolling in a pretrial 24/7 sobriety program. Drivers under 21 face the same 90 days at 0.02 or any THC. A second incident within 7 years means a 2-year revocation.
The conviction-based suspension under 0.15 can be cut to the time until you are evaluated and enrolled in a 90-day 24/7 sobriety program, but never below 2 days; the 1-year revocation at 0.15 or higher is never shorter than 4 days. DOL starts it 45 days after it receives the court's notice and credits every day already served on the arrest suspension (RCW 46.61.5055).
You can apply for an Ignition Interlock Driver's License at any time, even right after receiving the notice: $100 application fee plus $21 per month. Getting the license back requires an Alcohol/Drug Assessment/Treatment Report from a Washington-certified agency.
Source: RCW 46.61.5055(1), (5)(a), (9)(a); RCW 46.61.5054; RCW 46.20.720(3)(c)(i)
Source: RCW 46.20.308(5)-(7); RCW 46.20.3101(1)-(3); RCW 46.20.385; RCW 46.20.380
How many days do you have to request a DOL hearing after a DUI arrest in Washington?
7 days. You must request a formal DOL hearing in writing within 7 days of the arrest or notice (postmarked within 7 days if mailed) and pay a $375 fee, or the suspension starts automatically 30 days after the arrest.
The arresting officer hands you the notice and a 30-day temporary license at the arrest, so the clock runs from day one. Use DOL form 525-001, Request for DUI Hearing; the $375 fee can be waived for financial hardship. In a blood-test case the 30 days run from DOL's notice instead.
The hearing is separate from, and comes before, the criminal case. If you lose, you can appeal to the superior court of the county where you were arrested within 30 days.
Source: RCW 46.20.308(5)-(7); RCW 46.20.3101(1)-(3); RCW 46.20.385; RCW 46.20.380
What happens if you refuse a breathalyzer in Washington?
Refusing the breath test is not a separate crime, but DOL revokes your license for at least 1 year, the refusal can be used against you at trial, and if convicted you are sentenced in the higher 0.15 tier with a 2-year revocation.
Every Washington driver is deemed to have consented to a breath test on a DUI arrest (RCW 46.20.308). A first refusal brings a 1-year administrative revocation; it is 2 years if you had a prior administrative action within 7 years. Police can still get a blood sample with a search warrant.
The 0.15 tier means the higher jail and fine minimums that apply to a high-BAC case, and the court-triggered revocation after conviction is 2 years, with day-for-day credit for the administrative revocation. Getting your license back after a refusal revocation requires the alcohol/drug assessment and an ignition interlock.
Source: RCW 46.20.308(2), (6), (7), (8); RCW 46.20.3101(1)(a); RCW 46.61.5055(9)(a)(iii)(A) — If the driver refuses to take the test, the driver's license, permit, or privilege to drive will be revoked or denied for at least one year; and (b) ... the driver's refusal to take the test may be used in a criminal trial
What is the penalty for a second DUI in Washington?
A second DUI within 7 years (arrest to arrest) is still a gross misdemeanor, but the minimums jump: 30 days in jail plus 60 days of home monitoring, a $500 to $5,000 fine, a 2-year license revocation and at least 5 years of ignition interlock.
At 0.15 or higher or after a refusal, the second-offense floor is 45 days in jail plus 90 days of electronic home monitoring, a $750 minimum fine, and a 900-day revocation (3 years for a refusal). The 30-day jail and 60-day monitoring minimums under 0.15 cannot be suspended unless they would pose a substantial risk to your physical or mental well-being; the 2-year revocation can shrink to the time until you enroll in a 6-month 24/7 program, but never below 1 year.
A third DUI within 7 years means 90 to 364 days in jail plus a 6-month 24/7 program and 120 days of home monitoring, a $1,000 to $5,000 fine ($1,500 minimum at 0.15), a 3- to 4-year revocation and 10 years of interlock. Prior offenses include DUI charges that were reduced to negligent driving in the first degree or reckless driving.
Source: RCW 46.61.5055(2), (3), (9)(a); RCW 46.20.720(3)(c)(ii)-(iii) — who has one prior offense within seven years shall be punished as follows: ... By imprisonment for not less than 30 days nor more than 364 days and 60 days of electronic home monitoring
Source: RCW 46.61.5055(14)(c)-(d)
Is a DUI a felony in Washington?
Only with a serious history. DUI is a class B felony with 3 or more prior offenses within 15 years (a fourth DUI), or if you were ever convicted of vehicular homicide or vehicular assault while under the influence, or of felony DUI.
The 15-year window is new: until January 1, 2026 the felony rule counted priors within 10 years; 2024 c 306 lengthened it to 15 years, measured arrest to arrest. A comparable out-of-state vehicular homicide or vehicular assault conviction counts too.
A DUI that causes substantial bodily harm is charged as vehicular assault (RCW 46.61.522), and one that causes a death as vehicular homicide (RCW 46.61.520). Having a passenger under 16 does not make a DUI a felony, but it adds 12 to 18 months of ignition interlock per child and raises the minimum fines.
Source: RCW 46.61.502(6); RCW 46.61.5055(6), (14)(d); 2024 c 306 s 35 (effective date note at RCW 9.94A.661)
How long does a DUI stay on your record in Washington?
A DUI conviction stays on your Washington driving record for life and cannot be vacated from your criminal record; Washington has no expungement. Even a completed deferred prosecution, which ends in dismissal, stays on the driving record and still counts as a prior offense.
DOL keeps alcohol-related convictions, deferred prosecutions and vehicular assault or homicide convictions on the driving record for life, while ordinary convictions drop off after 5 years. The 3-year insurance abstract shows only the last 3 years of convictions; the employment abstract shows the full history, including deferred prosecutions.
On the criminal side, a DUI is a gross misdemeanor that shows up in Washington State Patrol criminal history (WATCH) and employer background checks, and RCW 9.96.060(2)(d) bars vacating it. A completed deferred prosecution is dismissed 3 years after you prove you finished treatment, but not before 5 years after the order. If your DUI was reduced to negligent driving in the first degree or reckless driving, that conviction can be vacated only after 10 years from the arrest with no alcohol or drug violation in those 10 years.
Source: RCW 9.96.060(2)(d); DOL Guide to driving records; RCW 10.05.120(1)
How much does a DUI lawyer cost in Washington?
Reported fees, not a quote: Washington law firms list flat fees of roughly $3,000 to $10,000 for a first-offense DUI, and a 2020 Office of Public Defense survey put the statewide average at about $3,500, with a trial adding about $2,700.
Hourly rates run $250 to $500. Fees rise with a BAC of 0.15 or more, a refusal, a blood draw, a contested DOL hearing and a trial, and King County and Seattle firms tend to charge more than Kitsap or rural counties (about $4,000 reported for Kitsap).
The lawyer is only part of the bill. Add the fine ($350 to $5,000, $500 minimum at 0.15 or after a refusal) and the $250 DUI fee, the $375 hearing fee, electronic home monitoring at your own cost, the ignition interlock (about $3.17 per day to lease, plus installation, calibration and removal fees, plus DOL's $21 per month for at least 1 year), the $100 Ignition Interlock Driver's License, the alcohol/drug assessment and school or treatment (a 2-year deferred-prosecution program is reported at roughly $5,000), tow and storage for the 12-hour impound, a victim impact panel if ordered, probation fees, and SR-22 insurance where DOL requires it.
Published all-in estimates for a first offense run $6,574 to $10,634, and $6,000 to $11,000 in Pierce County.
Fee range: WA Office of Public Defense, Smith & White — reported figures, not a quote.
Washington statutes and official sources
- Offense: RCW 46.61.502
- Penalties: RCW 46.61.5055
- Implied consent / refusal: RCW 46.20.308
- Administrative suspension: RCW 46.20.3101
- Ignition interlock: RCW 46.20.720
- Ignition interlock driver's license: RCW 46.20.385
- Deferred prosecution: RCW 10.05.010, 10.05.120, 10.05.150
- Vacating convictions (DUI excluded): RCW 9.96.060(2)(d)
- Washington DOL - DUI (Driving Under the Influence): suspensions, hearings, interlock license
- Washington DOL - Request for DUI Hearing form 525-001 (7-day deadline, $375 fee)
- Washington DOL - Guide to driving records (alcohol-related convictions stay for life)
- Washington Office of Public Defense - Private representation costs survey (2020)
About This Information
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